Sexual abuse case proceedings can take a few months to 3 years on average, depending on a variety of factors. Most sexual abuse cases last at least 12 months from filing to trial or settlement, including a mandatory waiting period while the case is being investigated.
Lengthy and complex cases involving multiple victims, institutions, and large amounts of evidence typically take 12-36 months from filing to trial or settlement. Cases with straightforward evidence, a single victim and defendant, and no institutional entities involved usually resolve in 9-12 months.
Court trials take at least a year, often longer. Trials are lengthy and complex affairs due to the number of procedures, motions, hearings, and the trial itself. On average, the trial process lasts between 1-3 years.
In recent years, landmark legal precedents have made it easier to submit different kinds of evidence for sexual abuse lawsuits. Some examples include:
- White v. Illinois (1992)
- Maryland v. King
- Ohio v. Clark
Other important factors that impact case duration
- How quickly the court reviews and approves evidence collection
- Investigation timelines and the ease of gathering evidence and statements
- Statute of limitations laws
- Willingness of both parties to settle
- Difficulty of the case and whether there are one or more defendants and plaintiffs
Quick Guide
- Evidence Collection: The First Big Timeline Factor
- Factors that Extend Sexual Abuse Cases
- Landmark Legal Precedents That Matter
- What Slows Cases Down?
- Investigation Phase: Where Time Gets Lost
- Court Proceedings: The Trial Timeline
- Settlement vs. Trial: The Timeline Difference
- Factors That Speed Things Up
- Final Thoughts on Timeline Expectations
Evidence Collection: The First Big Timeline Factor
Evidence is one of the most crucial components of any criminal or civil case. Physical evidence like DNA, clothing, or injury samples need to be forensically tested for up to several weeks. Experts from specialized fields need to be called to testify.
Evidence collection delays the sexual abuse case proceedings for up to two months while evidence is gathered and analyzed. Witness statements and medical reports also take time to be filed by the plaintiff.
Something that most people don’t know is that evidence collection also has to be court-approved first. This adds a few weeks of waiting time until the court issues a warrant for evidence to be collected by law enforcement.
Landmark Legal Precedents That Matter
There have been numerous legal precedents over the years that have made it easier or harder to submit different kinds of evidence in a sexual abuse case. These include:
White v. Illinois (1992)
The issue at stake in this case was whether a child’s spontaneous statements to a person other than law enforcement can be used as evidence.
The Court ruled that “statements made by child victims of sexual abuse to persons other than law enforcement personnel are admissible as evidence, even if the child does not appear in court to testify.”
Maryland v. King
The issue at stake in this case was whether DNA samples could be collected from arrested suspects and used as evidence.
The Court ruled that DNA collection from arrestees is constitutional and that DNA samples could be used as evidence in any subsequent trials.
Ohio v. Clark
The issue at stake was “whether a child’s report to their teacher can be heard in a court of law.”
The Court ruled that statements made by children to their teachers could be used as evidence in court.
What Slows Cases Down?
There are a few common reasons why a sexual abuse case can take longer than the average 9-12 months. These include:
Court Backlogs
Courts are notorious for being overwhelmed with cases. In some instances, cases have to wait months to even be scheduled in court. If there are pending criminal proceedings, the civil suit will have to wait until the criminal trial is over.
Opposition from the Defendant
Institutional and large corporate defendants will typically delay the civil proceedings as much as possible. The idea is to wear down the plaintiff through the slow wheels of justice so they decide to drop the suit.
Survivors of sexual abuse typically choose to do one of two things: to fight for years for justice or to settle and move on with their lives.
Complex Cases with Multiple Survivors
Cases with multiple plaintiffs are complex to begin with and take much longer to be resolved. This is because there is a much larger number of individuals to coordinate with in the case. Every lawyer and victim has to be on the same page before anything can be filed or settled.
Investigation Phase: Where Time Gets Lost
The investigation phase is when both the prosecutor and the defense investigate the viability of the case.
Authorities are also required to interview suspects, witnesses, and victims, as well as gather physical evidence from the crime scene. These processes, in many cases, can take over a year.
Court Proceedings: The Trial Timeline
The civil case will need to undergo several legal procedures before it gets to trial, which is also one of the most extensive parts of the legal process.
Pre-trial
Pre-trial procedures in a sexual abuse case can also take up to a year before getting to court trial.
They involve the usual evidence collection, documentation, witness statements, and interviews with the victim. All in all, the pre-trial stage can take between 9 and 12 months to finish, even for a simple case.
Trial
The length of the trial process will typically last anywhere from weeks to months. The length of the trial also depends on the complexity of the case.
Evidence, witness, and suspect testimonies, and the usual court procedures all add up to the total duration of the civil suit.
Settlement vs. Trial: The Timeline Difference
If both parties decide to settle, then the case can be resolved in a matter of weeks or months. This is a much shorter time frame than going to court and having the case heard by a judge and jury.
The actual settlement process, on the other hand, can also take up to a year to finish because it is a trial in and of itself.
Factors That Speed Things Up
It should be noted that the cases that settle out of court or through other means are the ones that take less than a year. The main reasons why are because there are several procedures that still have to be done.
Filing the case, getting it accepted by the court, investigations by both the plaintiff and the defense, evidence gathering, interviews, pre-trial procedures, and finally the trial itself all take time.
Get an Experienced Lawyer
The best way to speed things up, or at least reduce the hassle and trauma of the process, is to hire an experienced and trauma-informed lawyer. Experienced lawyers know the ins and outs of the court system, help in making sure that all paperwork and procedures are completed on time and to standards.
Being Prepared
Part of the trial time is spent preparing witnesses and going over evidence. Having everything organized from the start can save precious time and resources.
Likewise, having statements and documents with which to back up the plaintiff’s case can also cut down on delays and other issues.
Final Thoughts on Timeline Expectations
Sexual abuse cases will take anywhere from a few months to a few years to finish. A basic sexual abuse civil suit, depending on the court and how serious the case is, can take 9-12 months to resolve.
The more complex the case is, the longer it takes. Cases that involve more than one victim, more than one defendant, and several pieces of evidence, can take from 12 months to 36 months.
Bear in mind that trial cases always take a year or longer due to the length of trial and pre-trial procedures. The chances of a case settling or being dropped without going to trial are slim to none.
